Combatant Status Review Tribunals: Flawed Answers to the Wrong Question
8 Pages Posted: 20 Mar 2007
This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.
Keywords: Guantanamo, Combatant Status Review Tribunal, Prisoner of War, Geneva Convention
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